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HomeMy WebLinkAbout2021-4228.Ranger.23-08-21 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB# 2021-4228; 2022-1666 UNION# 2021-0424-0002; 2022-0424-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ranger) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Daniel Harris Arbitrator FOR THE UNION Craig Flood Koskie Minsky LLP Counsel FOR THE EMPLOYER Jonathan Rabinovitch Treasury Board Secretariat Legal Services Branch Counsel HEARING August 17, 2023 - 2 - Decision [1] This decision deals with two grievances filed by OPSEU on behalf of Robert Ranger, who is employed by the Ministry of the Solicitor General at the Ottawa Centre Probation and Parole Office. [2] Chronologically, the first grievance, dated November 17, 2021, relates to allegations of a failure to ensure a safe workplace and a poisoned work environment in breach of the Collective Agreement, the Ontario Human Rights Code and the Occupational Health and Safety Act. This grievance is OPSEU File No. 2021-0424-0002. Although it is before the Board, it had not been assigned to me as of August 17, 2023. [3] The second grievance, dated March 16, 2022, relates to allegations that the employer breached the collective agreement and the Ontario Human Rights Code by not returning the grievor to work promptly enough from a leave of absence due to illness. This grievance is OPSEU File No.2022-0424-0001 and GSB File No. 2022-1666. It is the matter that was referred to me and scheduled for hearing by the Board on August 17, 2023. [4] At the hearing on August 17, 2023 the parties agreed that I would hear and determine both grievances together. For the sake of clarity, they are not being consolidated. [5] The parties' made representations with respect to the procedures to be followed in the hearing of these two cases. Having considered those representations, I hereby give the following directions: a) Although the union bares the onus of proof, the employer will call its case first; b) The parties are to exchange arguably relevant documents and provide particulars of their cases to each other; - 3 - c) The parties are to explore entering into an agreed statement of facts in order to expedite the hearing of these matters. The employer will present a proposed statement to the union for its consideration and as the basis for further discussion between the parties in order to try to reach agreement upon the salient facts; d) It is acknowledged by the parties that I am hearing ongoing litigation between them dealing, in part, with the contentious work relationship between the grievor and a co-worker, Janine Sarrazin, which may, in part, also be raised by the facts in issue in these proceedings. Nonetheless, the facts in issue in the instant matters are to be limited to events that took place between July 12, 2021 and March 14, 2022, being the first day worked by a co-worker, Diane Cave, and the date that the grievor returned to work from the sick leave referenced in the second chronological grievance in these proceedings. Should such evidence advert to an event prior to this time-frame, its relevance and admissibility may be raised at that juncture as in the normal course of a hearing. However, subject only to the dictates of natural justice, this time frame is to be honoured; e) Either party may contact me to arrange a meeting if necessary for my assistance by way of further directions or otherwise with respect to the foregoing. Dated at Toronto, Ontario this 21st day of August 2023. “Daniel Harris” _____________________ Daniel Harris, Arbitrator